Opinion
Filed April 9, 2003
ORDER
By action of this court en banc, Iowa Court Rule 40.2 is amended, effective immediately, as shown in attached exhibit "A."
Dated this 9th day of April, 2003.
THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice
EXHIBIT A
Rule 40.2. Applications for reimbursement
(1) The commissioners shall prepare a form of . application for reimbursement; in their discretion, the commissioners may waive a requirement that a request be filed on such form.
(2) The form shall require, at a minimum, the following information:
a. The name and address of the lawyer.
b. The amount of the alleged loss claimed.
c. The date or period of time during which the alleged loss was incurred.
d. Name and address of the party requesting reimbursement.
e. The general statement of facts relative to the request for reimbursement.
f. Verification by the party requesting reimbursement.
(3) The form or application shall contain the following statement in bold type:
"IN ESTABLISHING THE CLIENTS' SECURITY TRUST FUND OF THE BAR OF IOWA THE SUPREME COURT OF IOWA DID NOT CREATE, NOR ACKNOWLEDGE ANY LEGAL RESPONSIBILITY FOR THE ACTS OF INDIVIDUAL LAWYERS IN THE PRACTICE OF LAW. ALL REIMBURSEMENTS OF LOSSES OF THE CLIENTS' SECURITY TRUST FUND SHALL BE A MATTER OF GRACE I THE SOLE DISCRETION OF THE COMMISSIONERS ADMINISTERING THE FUND AND NOT AS A MATTER OF RIGHT. NO CLIENT OR ANY OTHER PERSON OR ORGANIZATION SHALL HAVE ANY RIGHT IN THE FUND AS A THIRD-PARTY BENEFICIARY OR OTHERWISE.'
(4) Applications shall be in the form attached and shall be addressed to the Assistant Administrator, Client Security and Attorney Disciplinary Commission, Iowa Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa 50319.